Lots of legislation may impact Florida motorists

Lawmakers are working on an array of legislation that will impact motorists, including a ban on texting while driving.

By Lloyd DunkelbergerTallahassee Bureau

TALLAHASSEE — Few things affect Floridians' lives as much their vehicles, and by the time state lawmakers finish their session early next month, they could significantly alter that relationship.

Lawmakers are working on an array of legislation that will impact motorists. They want to ban texting while driving. They want to tone down car stereos — again. They're tinkering with the law on red-light cameras.

The Senate wants to cut auto tag fees. Lawmakers are also talking about changes in the auto insurance law. And they're making some adjustments to some of the specialty license tags that have proliferated in recent years.

It can be dangerous terrain, as lawmakers discovered last year when they tweaked the driver's licensing laws and caused an international stir. The first bill signed into law by Gov. Rick Scott this spring repealed a 2012 law that required Canadians and other foreign visitors to obtain a special driving permit before operating a vehicle in the state.

The plethora of bills also is an indication of how intertwined vehicles are in the lives of Floridians — and the state's laws. It is not surprising since state statistics show there were 13.4 million registered cars, SUV's and pickups on Florida's roads in March — nearly one for every Floridian age 21 and over — along with more than 577,000 motorcycles.

Senate Appropriations Chairman Joe Negron, R-Stuart, understands the relationship between Floridians and their vehicles. He, like many other veteran lawmakers, remembers how those motorists were affected in 2009 when the Legislature dramatically raised vehicle registration fees during a budget crisis.

“Voters very much want those fees to be rolled back now that our economy is improving,” Negron said. “It's the No. 1 issue at home. It's the No. 1 issue that people write me about.”

Although Negron is “optimistic that we can get it done,” the measure (SB 1832) faces opposition from the insurance industry, because Negron would offset the revenue loss from cutting the vehicle fees by eliminating a $225 million annual tax break for insurers.

But Negron said he believes he can make a strong case for eliminating the subsidy while cutting the registration fees.

“I wasn't expecting they would just hand that over with nary a quibble,” Negron said. “But the more attention that is brought to the subsidy, the worse it is for the subsidy.”

Another controversial decision in recent years was the Legislature's decision to let city and county governments install red-light cameras.

The local governments and law enforcement agencies made a compelling argument that the cameras can save lives and improve road safety.

Bills were filed this year to ban the cameras. That is not likely to happen. But legislation remains in play that could restrict or revamp the use of the cameras, which have generated both controversy and revenue for the local and state governments.

Rep. Frank Artiles, R-Miami, has a bill (HB 1061) that would prevent using the cameras to cite drivers for improperly turning right on red lights. It would also set a minimum timing standards for yellow traffic lights and give drivers more legal rights to challenge citations.

But the bill has opposition from local governments and law enforcement groups who favor a Senate version (SB 1342) by Sen. Joseph Abruzzo, D-Royal Palm Beach, that would still allow citations for right-turn violations under restricted circumstances. The bill would also establish a yellow-light timing standard.

Another perennial legislative debate has involved banning texting while driving. Rep. Doug Holder, R-Venice, has pushed for a ban since 2008, although the legislation has stalled in recent years in the House.

But with the measure (HB 13) clearing all its House committees, the legislation appears likely to pass this year, with Sen. Nancy Detert, R-Venice, moving an identical measure (SB 52) in the Senate.

The Senate unanimously backed Detert's bill last week, with a House floor vote expected in the next two weeks.

The bills would make texting while driving a secondary offense, meaning motorists would have to be stopped for another reason before they could be cited. First-time violators face a $30 fine with court costs.

Motorists who like to blast their vehicle sound systems at a high decibel level have been able to do so since a December ruling by the Florida Supreme Court that invalidated the state nuisance noise law for motor vehicles.

But the Legislature is considering legislation (HB 1019 and SB 634) that would restore the law, with some modifications, allowing law enforcement officers to cite vehicles that were generating music or other sounds that are “plainly audible” 25 feet or more from the vehicles. Violations carry a non-criminal $30 fine.

Lawmakers have grappled with the rising cost of motor vehicle insurance. Last year, they passed a law to overhaul the state's no-fault auto insurance system, looking to reduce fraud and lower insurance costs.

The law is facing legal challenges and some lawmakers have suggested that Florida eliminate its no-fault system and replace it with a bodily injury coverage system. But with the session moving into its final three weeks, a major revamp of the auto insurance system seems unlikely for this year.

Another popular motor-vehicle topic for lawmakers are specialty license tags. The Legislature has authorized 121 specialty plates, which highlight sports teams, colleges and a variety of causes. The specialty tags cost motorists an additional $15 to $25 a year over the regular vehicle fees.

The state has a specialty license tag freeze in place, with the Department of Motor Vehicles and Highway Safety not scheduled to release a new tag until July 2014.

But lawmakers are considering a few bills this year to modify current tags or create future ones.

Rep. John Wood, R-Winter Haven, has a measure (HB 265) that will increase the annual fee for the Florida Wildflower specialty tag from $15 to $25. The proceeds go the Florida Wildflower Foundation.

Another bill (SB 274) would create a new tag for Freemasonry once the freeze ends.

The continued proliferation of the specialty tags drew criticism from Sen. Andy Gardiner, R-Orlando, who is in line to become Senate president in 2014.

“We have a situation where some don't want to expand Medicaid. We're dealing with a $74 billion budget. Yet it amazes me that we can get wrapped around the axle over $70,000 in a license plate,” Gardiner said, according to The News Service of Florida. Gardiner, chairman of the Senate Appropriations Subcommittee on Transportation, Tourism and Economic Development, voted against the wildflower tag change.